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(영문) 서울중앙지방법원 2015.07.03 2015가합2510
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the second floor of 551.48 square meters and the third floor of 51.48 square meters among the buildings listed in the attached list;

(b) 78,750.

Reasons

1. Basic facts

A. The Plaintiff is a co-owner who holds 1/4 shares in the building listed in the separate sheet (hereinafter “instant building”) and 3/4 shares in the said building.

(hereinafter referred to as “the co-owners of this case” when combined with the Plaintiff and B.

On January 19, 201, the instant co-owners entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a fixed term of KRW 400 million from December 1, 2010 to November 30, 201 with respect to the lease of the second and third parts of the instant building (hereinafter “the instant lease agreement”) (hereinafter “the instant lease agreement”). The Defendant continued to use and benefit from the leased portion even after the expiration of the lease term stipulated under the said lease agreement, and paid the leased amount of KRW 400 million from December 1, 201 to November 30, 201.

C. Since November 2012, the Defendant began to delay the payment of rent under the instant lease agreement, and B, on December 10, 2014, notified the Defendant that the sum of the rent 283,802,703, including the rent 280,00,000 won in arrears with the Defendant (7 months up to November 2014) shall be paid by December 19, 2014, and if the said date is not paid, the Defendant would take legal measures (hereinafter referred to as “instant notification”), and that the said notification reached the Defendant on December 11, 2014.

The Defendant requested the co-owners of the instant case to reduce the amount set forth in the existing lease agreement, as it is difficult for the co-owners to pay the overdue rent even after the date set by the notification of the instant case, due to business difficulties.

The co-owners of the instant case accept the said request on the condition that the Defendant should first pay KRW 75,00,000,000, monthly user fees after March 2015, which amount to KRW 75,000 equivalent to the monthly user fees.

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